Injured in a Slip and Fall at Marshalls

A fall inside a Marshalls in Fort Myers could leave you facing medical bills, missed work, and ongoing pain - losses you may be able to recover compensation for. The experienced premises liability attorneys at Wolfson & Leon help victims hold negligent retailers accountable.

A quick trip to Marshalls for clothing or home goods can turn into a painful accident when store employees fail to maintain safe conditions. Slippery floors, cluttered aisles, or spilled liquids are common causes of serious injuries in retail environments.

With over six decades of experience, Wolfson & Leon's Fort Myers injury attorneys have stood alongside clients harmed in slip-and-fall and property-related accidents. We understand how a single fall can cause lasting damage, both physically and emotionally, and financially, and we’re here to help you recover.

Call (239) 777-9954 today or visit our Fort Myers office for your free consultation.

In Florida, retail stores such as Marshalls must do their part to prevent injuries. That includes monitoring the store for risks, addressing spills or hazards without delay, and providing proper warnings when needed.

When a store fails to take reasonable steps to prevent injuries, such as mopping wet floors or removing tripping hazards, it may be found negligent. For you to successfully prove a premises liability claim, you must demonstrate:

1. The store had a duty to keep the premises safe.
2. It breached that duty through negligence or carelessness.
3. The breach directly caused your injuries.

Common evidence includes surveillance footage, maintenance records, and witness statements. Our attorneys at Wolfson & Leon act quickly to preserve this critical information.

Learn more about these cases on our Premises Liability page and Slip and Fall page.

Marshalls has several locations in the Fort Myers area, including:

• 4995 S. Cleveland Avenue, Fort Myers, FL 33907
• 10017 Gulf Center Drive, Fort Myers, FL 33913
• 42080 Cypress Parkway, Babcock Ranch, FL 33982
• 18700 Veterans Blvd, Port Charlotte, FL 33954

Marshalls stores are packed with racks of clothing, accessories, and décor, creating a constant flow of movement and potential hazards. The most frequent slip-and-fall locations and causes include:

• Wet floors near entrances and exits after mopping or during Florida’s rainy season.
• Spilled liquids from customer drinks, broken bottles, or cleaning products.
• Loose floor mats or wrinkled rugs that create tripping points.
• Aisles cluttered with merchandise or boxes awaiting shelving.
• Uneven flooring or cracked tiles in older retail locations.
• Poor lighting that makes hazards difficult to see.
• Parking lots with oil slicks, potholes, or puddles that cause slips before even entering the store.

In Fort Myers, where heavy rainfall and high humidity are common, floor surfaces can quickly become dangerous. Marshalls' employees are expected to inspect and maintain these areas regularly; however, when they fail to do so, serious injuries can occur.

Slip-and-fall injuries can range from mild bruises to life-altering trauma. Victims often experience:

• Hip or wrist fractures from impact with hard tile or concrete.
• Back, shoulder, and neck injuries, including herniated discs or whiplash.
• Head and brain injuries (TBI) if the victim strikes a shelf or the floor.
• Knee, ankle, or shoulder injuries from twisting during the fall.
• Soft-tissue injuries that lead to chronic pain or mobility issues.

Seniors are among the most vulnerable to severe outcomes after a fall. According to the CDC, falls remain the primary cause of injury-related death in older adults. Prompt medical treatment and legal advice are crucial after any fall.

Visit our Head or Brain Injury page to learn more about head trauma after a fall.

Retailers like Marshalls, part of the TJX Companies, often dispute liability by claiming that the hazard appeared too recently for employees to notice or that the customer wasn't paying attention. Florida law, however, gives injured people the right to prove the store's negligence through evidence of "notice."

• Comparative Negligence: Under Florida’s comparative-fault system, your recovery may be reduced if the defense argues you were distracted or wearing improper footwear.
• Actual vs. Constructive Knowledge: Florida Statute § 768.0755 requires you to show Marshalls either knew about the hazard or that it existed long enough they should have known.
• Proof and Preservation: Evidence such as cleaning schedules, wet-floor logs, and video footage can make or break your claim, but these records are often deleted quickly.

At Wolfson & Leon, we investigate immediately, gathering time-stamped photos, witness statements, and corporate maintenance records to strengthen your case.

Florida Statute § 768.0755 governs injuries from "transitory foreign substances" in business establishments, such as Marshalls. A claim often comes down to proving the store was on notice about a safety issue, meaning they knew or reasonably should have known about the hazard, but did not act to protect its customers.

Additionally, Florida’s statute of limitations (§ 95.11) allows two years from the date of the incident to file a negligence claim (for accidents after March 24, 2023). Missing this window can permanently bar recovery, even if liability is clear.

If you’ve been hurt in a Marshalls store, speak with a lawyer right away. For practical guidance on what to do after an accident, visit our What to Do After an Accident page.

A slip and fall inside Marshalls can cause devastating injuries and financial strain. You shouldn’t have to face mounting bills and corporate insurance tactics alone.

Contact Wolfson & Leon today at (239) 777-9954 for a free, no-obligation consultation. Our Fort Myers slip and fall attorneys will review your case, gather critical evidence, and fight to recover the compensation you deserve.

Serving Fort Myers and all of Southwest Florida, Wolfson & Leon is ready to help you rebuild and reclaim your life after a Marshalls store slip and fall.